Queensland Numbered Acts

TRANSPORT AND OTHER LEGISLATION AMENDMENT ACT (NO. 2) 2004 No. 40 - SECT 2C

Part 1, after section 4B--

insert--

'(1) Without limiting what the chief executive may take into account when deciding whether a person is an appropriate person to hold or continue to hold a licence or certificate under this Act, regard must be had to the following--

(a) the person's criminal history;

(b) the person's traffic history under the Transport Operations (Road Use Management) Act 1995;

(c) the person's conduct while performing activities under a licence or certificate;

(d) whether the person has been charged with or convicted of--

(i) an offence against this Act; or

(ii) a disqualifying offence; or

(iii) an offence committed in another State or country that, if committed in Queensland, would be a disqualifying offence;

(e) whether the person has held a licence or certificate that has been cancelled and, if so, why it was cancelled;

(f) whether the person holds a licence or certificate that has been or is suspended and, if so, why it was suspended;

(g) whether the person is capable of satisfactorily performing the activities authorised under a licence or certificate, including because of any known medical condition or physical or mental incapacity;

(h) whether the person is subject to a domestic violence order or an interstate domestic violence order as defined in the Domestic and Family Violence Protection Act 1989;

(i) whether the person has been charged with or convicted of having committed an offence in another State or another country that, if committed in Queensland, would be an offence against the Weapons Act 1990;

(j) whether the person has been charged with or convicted of having committed an offence in another State or another country that, if committed in Queensland, would be an offence against the Drugs Misuse Act 1986.

'(2) In this section--

certificate means

(a) an assistant's certificate; or

(b) a driver's certificate.

criminal history, of a person--

(a) means the person's criminal history under the Criminal Law (Rehabilitation of Offenders) Act 1986; and

(b) includes a charge of a disqualifying offence or a charge of an offence against any of the following--

(i) the Drugs Misuse Act 1986;

(ii) the Police Powers and Responsibilities Act 2000, section 444; 2

(iii) the Weapons Act 1990; and

(c) does not include a charge of an offence for which the proceeding for the offence ended without the person being convicted.'.